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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Indiana

Indiana AG Greg Zoeller to Lobby Congress Against Cellphone Bill

03 Thursday Nov 2011

Posted by Kenan Farrell in Federal Initiatives, Indiana, Legislation, Litigation, Southern District of Indiana, Tech Developments

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Do Not Call, Greg Zoeller

Indiana Attorney General Greg Zoeller said he will lobby Congress on Friday against a federal bill he says would strip the telephone privacy rights of residents in Indiana. Zoeller plans to testify before the House Energy and Commerce Committee’s Subcommittee on Communications and Technology against House Resolution 3035, a primarily Republican-backed bill being considered in the U.S. House. The bill would allow telemarketers and debt collectors to start dialing residents’ cellphones and, if approved, would override Indiana’s “Do Not Call” law and lead to a flood of robocalls to people’s phones, Zoeller said Wednesday.

Supporters of the bill say it would update federal law to allow businesses to compete in an environment where cellphones have largely replaced landlines.

Zoeller is fighting on multiple legal fronts to maintain Indiana’s strong “Do Not Call” law and ban on political robocalls.

The Southern District of Indiana ruled in September that Indiana’s ban on political robocalls violated the federal Telephone Consumer Protections Act which governs interstate communications. The Indiana Supreme Court is separately considering whether the state rightfully enforced the measure against FreeEats.com.

For more info, see the Journal and Courier.

Teaching the iGeneration

03 Thursday Nov 2011

Posted by Kenan Farrell in Authors, Indiana, Indianapolis, Stories from the Week that Was, Tech Developments

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Fox 59, Teaching the iGeneration

Adults don’t really understand what it’s like to grow up in the age of the iPhone. I’ve seen plenty of grown-ups struggle to make sense of the role of mobile computing and social media in our society and their own lives, but we need to always remind ourselves that these tools are all our kids have ever known. Fox 59 featured a new book yesterday called Teaching the iGeneration, which attempts to help teachers educate the latest generation of iKids:

You know what the iGeneration in your classroom looks like. They are the students willing to experiment their way through anything, confident that trial and error can crack the code better than reading manuals or following directions. They’re turning to the Internet first and the library second when assigned research projects. Their minds are working fast, but not always as deeply or as accurately as the adults in their lives would like. Yet teachers can capture the attention of the iGeneration and help them grow by integrating technology into classrooms in a way that focuses on the skills that have been important for decades. The purpose of Teaching the iGeneration is to help teachers find the natural overlap between the work that they already believe in and the kinds of digital tools that are defining tomorrow’s learning. Each chapter introduces an enduring skill information fluency, persuasion, communication, collaboration, and problem solving as well as a digital solution that can be used to enhance, rather than replace, traditional skill-based instructional practices.

My law students are glued to their Macbooks during class, no doubt, but I wouldn’t consider them the iGeneration. Has anyone who works with K-12 students read this book? Was it useful for your classroom?

More questions about LiTEBOX: Trademark Fraud?

28 Friday Oct 2011

Posted by Kenan Farrell in Branding, Indiana, Indianapolis, Intellectual Property, Tech Developments, Trademark

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Greg Ballard, Mitch Daniels

When new companies come to Indianapolis promising tech jobs, particularly as part of a joint announcement with the Governor and Mayor, I like to check our their trademark portfolio and make sure all is in order. Apparently in the excitement of watching Michael Jordan highlights on top of semis or receiving multi-million dollar tax abatements, LiTEBOX has added the federal trademark registration notice, ®, to their Facebook page despite not owning a valid trademark registration. This could cause LiTEBOX trademark problems now (fraud) or later (inability to protect their mark based on this earlier fraud).

“Improper use of the federal registration symbol, ®, that is deliberate and intends to deceive or mislead the public or the USPTO is fraud.” Trademark Manual of Examining Procedure 906.04

In addition, LiTEBOX at some point is going to have to reconcile their use of the trademark with the owners of this trademark application:

Trademark considerations may seem small given all of the other questions that have been raised about LiTEBOX, but let’s hope they find good IP counsel soon to get their trademark situation sorted before it results in a big headache.

To everyone else, this is a good reminder to scan your marketing materials and online platforms for improper use of a trademark notice.

Indiana Scientist Pleads Guilty to Stealing Trade Secrets for China

19 Wednesday Oct 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Cargill Inc., Dow Chemical Co., Intellectual Property, Kexue Huang, Misappropriation of Trade Secrets, Southern District of Indiana, U.S. Economic Espionage Act of 1996

Indiana companies can take an extra dose of comfort today knowing the Indiana courts and prosecutors are protecting their valuable intellectual property. A Chinese-born scientist pleaded guilty on Tuesday to stealing valuable trade secrets about pesticides and food products from two major U.S. companies and sending the information to China and Germany.

Kexue Huang, 46, worked at a Dow Chemical Co subsidiary from 2003 to 2008 in Indiana where he led a team of scientists developing organic insecticides and then later for another agribusiness giant, privately held Cargill Inc.

Huang pleaded guilty in the United States District Court for the Southern District of Indiana to one count of stealing trade secrets from Cargill and one count of engaging in economic espionage at Dow, only the eighth case charged involving the U.S. Economic Espionage Act of 1996.

Click here for the full Reuters story or the original indictment over a year ago.

For more information on protecting your valuable trade secrets: Creating a Trade Secret Policy

Indiana Trademark Litigation Update – Saeilo Enterprises v. Jacobson Hat Company

15 Saturday Oct 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

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Common Law Trademark Infringement, Counterfeiting, Debra McVicker Lynch, False Designation of Origin, Forgery, Jacobson Hat Company, Jane Magnus-Stinson, Litigation Update, Saeilo Enterprises, Trademark Dilution, Trademark Infringement, Unfair Competition

Saeilo Enterprises Inc. v. Jacobson Hat Company Inc.

Court Case Number: 1:11-cv-01383-JMS-DML
File Date: Friday, October 14, 2011
Plaintiff: Saeilo Enterprises Inc.
Plaintiff Counsel: Darlene R. Seymour – Attorney at Law
Defendant: Jacobson Hat Company Inc.
Cause: Trademark Infringement, Trademark Dilution, False Designation, Common Law Trademark Infringement, Unfair Competition, Forgery, and Counterfeiting
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch

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